NAYLOR CASE.

Waikato Times, Volume 116, Issue 19456, 21 December 1934, Page 8

NAYLOR CASE.

APPEAL UPHELD. BY-LAW TOO EXPRESSIVE. SYDNEY, Deo. 20. ' The Full Bench of 'the Supreme Court (Mr Justice Harvey dissenting) to-day allowed the appeal of Rufus Naylor against the Australian Jockey Club, and dismissed the appeal of the ■club 'against Naylor. This means that Naylor now has the right to enter the Randwick racecourse from the first day of 'the next law term. 1 Mr Justice Davidson declared that the olub’s by-law was too widely expressed. Any person might he held to he not desirable for personal, or any, reasons, and the club’s 'committee would not be bound! to state more than its general opinion as to undesirability.

In the Equity Court, Sydney, on May 7 Mr Justice Long-lnnes gave judgment in the case of Rufus Naylor against the Australian Jockey Club. Naylor was 'disqualified on the ground that he gave fa ho or misleading evidence in .’connection with the ownership of a horse named Movado. The Judge held that,Naylor’s disqualification was invalid. The, club had no j uris*rv -* * — ■v.-winr-must be regarded as an ordinary member of the public entitled to go upon the Randwick racecourse.

Mr Justice Street, in the Equity Court, diismls'sed Naylor’s further application for an interim injunction to res H-m the club from acting under its" by-law No. 9, which empowers the club 'to exclude from Its racecourse persons within its discretion •deemed to be undesirable. Following i.pon this decision Naylor appealed to the High ‘Court,.